1217

I would say:

"I object and move to strike the witness's opinion of the meaning of the order. The exact content of the order is a critical issue, so the summary is not helpful as required by Rule 701."

Any questions? Email tanford@indiana.edu and refer to 1217

The testimony continues:

Q. What was the order?
A. Sir, he said that Santiago wasn't to be touched.

The defense's first witness is Corporal Howard.

Q. Corporal Howard, name some reasons why a marine would get a code red?
A. Being late for platoon or company meetings, keeping his barracks in disorder, falling back on a run.

Q. Have you ever received a code red?
A. Yes sir. We were doing seven man assault drills, and my weapon slipped. It's just cause it was over a hundred degrees and my palms were sweaty and I'd forgot to use the resin like we were taught.

Q. And what happened?
A. That night the guys in my squad threw a blanket over me and took turns punching me in the arm for five minutes. Then they poured glue on my hands. And it worked, too, 'cause I ain't never dropped my weapon since.

Q. Was Private Santiago ever late for platoon meetings?
A. Yes sir.

Q. Was his barracks ever in disorder?
A. Yes sir.

Q. Did he ever fall back on a run?
A. All the time, sir.

Q. Did he ever, prior to the night of August 6th, receive a code red?
A. No

Q. Never?
A. No

Q. You got a code red because your palms were sweaty. Why didn't Santiago, this burden to his unit, ever get one?

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